Miami Legal Tips Blog

Body Cameras and Public Records Law

A recent wave of conflicts around the country between citizens and law enforcement officers has had some calling for the mandatory use of body cameras by the police. The thinking generally goes like this: Police offers would be protected against unfounded claims made by those they interact with in the course of doing their jobs, and citizens would have some measure of proof against any officer who might use excessive force or otherwise behave inappropriately.

However, it’s now come to light that the use of such cameras in Florida could run up against aspects of public records law.

As the Tampa Tribune reported recently, lawmakers in Tallahassee have been batting the issue back and forth. One senator from Fort Lauderdale came up with a bill that he believed carved out some glaring exceptions to the state’s disclosure laws regarding public records. Then, he had to take the measure off the table after both civil-rights groups and police organizations raised concerns that the bill was either too exacting or not exacting enough. A similar bill in the Florida House was removed from consideration in February 2015.

When it comes to the issue of transparency, there may be more than initially meets the eye. As in, it’s not always about alleged perpetrators and cops – but also the victims of a crime.

For example, a high-profile situation relating to the 2001 death of race car driver Dale Earnhardt resulted in a court victory for his widow, who had sought to bar his autopsy photos from falling into the hands of media companies.

Tampa, the Tribune noted, is paying especially close attention to the debate over bodycams and public records law, as its police department has rolled out the use of 60 cameras as part of a pilot program that will last for a year.

The city’s police chief has reportedly instructed her troops to let crime victims know when the cameras are in operation and to permit those people to request that they be powered down.

As she previously told the Tribune, “We get called into some of the worst moments in people’s lives. And I agree that private moments should be private.”

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